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<![CDATA[Analisis Problematika Putusan Tata Usaha Negara Dalam Sengketa Kepegawaian ]]>
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Muhammad Luthfi N.K]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1209
<![CDATA[The study was intended to know the judge's consideration and application of the judge's law on the employment dispute in rulings number: 102/G/2019/PTUN.Mks. The type of research used in this study is a normative-law study that is analyzed by qualitative methods of decryptive analysis. The source of the legal material used, the primary material consists of regulatory rules, official records such as academic texts and meeting tracts of legislation, and judicial decisions of both the state and the Supreme Court, and secondary legal materials are legal that explain the primary legal material of all non-official documents. The publication of the law includes both textual books and scientific writings that deal with scientific objects. The results of the study can be concluded that the panel of judges is so meticulous an aspect of the substance which cannot be overlooked, because of the accused's error in presenting an object in dispute with the intractable and contrary to the general principles of good government in violation of the principles of thoroughness, that the plaintiff's claim for the limitation of the object a quo must be fulfilled. The panel of judges has applied the proper legal basis in the ruling, so the object that the a quo issue has been handed down in judicial terms.]]>
<![CDATA[Penyelesaian Sengketa Medis Antara Pasien Atau Keluarga Pasien Dengan Dokter Berdasarkan Ketentuan Hukum di Indonesia ]]>
<![CDATA[Tiberius Zaluchu]]>;
<![CDATA[Dhoni Yusra]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1210
<![CDATA[Health development is very important according to the Preamble to the 1945 Constitution of the Republic of Indonesia. Health as a human right is manifested in various efforts, including through the implementation of medical practice where the role of doctors is very important. In its implementation sometimes causes problems that lead to medical disputes. The formulation of the problem in this research are: How is the arrangement of medical dispute resolution between patient/patient's family and doctor based on applicable regulations and How is the process of fair medical dispute resolution between patient/patient's family and doctor based on law number 29 of 2004 concerning medical practice. The method used in this research is normative juridical. Used to find out and get a comprehensive picture by looking at the facts related to the problem so that it can prove the problem in order to get a scientific answer. The results of this study indicate that: The existing medical dispute resolution arrangements are still scattered in various laws and regulations, resulting in overlapping medical dispute resolution arrangements which in the end have the potential to cause ambiguity and uncertainty in their resolution. And in terms of a just settlement of medical disputes between patients/patients' families and doctors based on Law Number 29 of 2004 concerning medical practice, it begins with the medical professional institution, namely the Medical Ethics Honorary Council (MKEK) or the Indonesian Medical Discipline Honorary Council (MKDKI). . If it is not completed, the settlement can be continued with non-professional institutions in the form of: Civil (non-litigation and litigation); criminally or administratively/state administration. Settlement of non-litigation or litigation can be chosen in accordance with the availability of evidence and the case position or legal facts.]]>
<![CDATA[Restrukturisasi Kredit Perbankan Sebagai Upaya Penyelamatan Kredit Bermasalah Pada Masa Pandemi Covid-19 ]]>
<![CDATA[Esther Masri]]>;
<![CDATA[Sri Wahyuni]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1211
<![CDATA[Restructuring is an effort to save non-performing loans because debtors have difficulty in fulfilling their obligations (default). The government through the Financial Services Authority Institution has asked banks to carry out an inventory of debtors affected by Covid-19 and provide a credit restructuring policy during the Covid-19 pandemic, which aims to enable the public, especially debtors, to apply for waivers in making credit payments. Restructuring is provided by creditors to help debtors from debt problems because the debtor has defaulted on the bank credit agreement. The purpose of this study is to determine the implementation and implementation of bank credit restructuring as an effort to rescue non-performing loans during the Covid-19 pandemic. In this study, the author uses a normative juridical research method sourced from a literature study by analyzing the provisions of the legislation. The debtor has the right to apply for credit restructuring if in fact the debtor is in default in making debt payments. However, there are still many applications for credit restructuring, which are carried out by debtors who do not have good intentions on the pretext of being affected by the Covid-19 pandemic even though they still have the ability to fulfill obligations. The success of the implementation of restructuring lies in the intentions and desires of the parties, namely debtors and creditors, must have good intentions in resolving non-performing loans.]]>
<![CDATA[Analisis Kewenangan Penyidikan Dalam Pelanggaran Wilayah Udara Indonesia (Tinjauan Peran Penyidik PNS dari Kementerian Perhubungan dan TNI AU) ]]>
<![CDATA[Lusia Sulastri]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1212
<![CDATA[This study aims to examine the investigation and the role of civil servant investigators from the Ministry of Transportation and the Indonesian Air Force in conducting normative investigations of violations of Indonesian airspace. The results of the study show that investigations into violations of Indonesian territory cannot be interpreted as the attributive authority of PPNS of the Ministry of Transportation. Based on the grammatical and authentic Article 399 of Law no. 1 of 2009 concerning Aviation clearly does not rule out the possibility of the Indonesian Air Force being an investigator, it's just that whether the Indonesian Air Force already has PPNS, the main indicator of the operation of law enforcement in airspace violations. Article 10 of Law Number 34 of 2004 concerning the TNI and Article 399 of Law No. 1 of 2009 concerning Aviation, the Indonesian Air Force allows inspection of airspace violations, as long as they have PPNS. The role of the Indonesian Air Force in tackling violations of Indonesian airspace as investigators carries out active air defense operations, including detection, and prosecution in the form of shadowing, dispelling (intervention), forced landing (force down) and preparation (destruction). The role of PPNS from the Ministry of Transportation is as an investigator in violations of Indonesian Airspace. However, all cases never reach the judicial process, only issuing diplomatic complaints to the violator's country of origin.]]>
<![CDATA[Kembalinya WNI Eks Islamic State of Iraq and Syria (ISIS): Sebuah Langkah Yang Dapat Mempengaruhi Kasus Terorisme di Indonesia ]]>
<![CDATA[Edi Saputra Hasibuan]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1214
<![CDATA[The storm of the threat of terrorism is still lurking and cannot be just a figment, this article aims to highlight what became a hot issue in the middle of 2019-2020. Yes, the discourse on the return of sympathizers or supporters of the Islamic State of Iraq and Syria (ISIS) movement for those who come from Indonesia or have Indonesian citizenship status, so that they can return to their homeland. It is ironic to remember that many people go and become sympathizers with the belief that they have chosen the right path, but in fact they still need the attention of their homeland. Apart from the pros and cons of the repatriation of ex-ISIS, the author would like to highlight how the issue of repatriation is actually a complex matter, a one-day decision will have an impact on many things, including terrorism cases that will increase in the future, then whether the discourse on terrorism will increase in the future. The repatriation is appropriate because it pays attention to human rights and is the responsibility of the Indonesian side for the behavior of its citizens in other countries or it becomes a potential threat to the welfare and security of the country itself.]]>
<![CDATA[Counterfeit Culture dalam Perkembangan UMKM: Suatu Kajian Kekayaan Intelektual ]]>
<![CDATA[Muhammad Deovan Reondy Putra]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1215
<![CDATA[The development of the economy in Indonesia, as in other countries, always goes hand in hand with increasing purchasing power and a culture of consumerism. Especially in the world of fashion, this is very obvious. Coupled with the development of technology and the ease of getting information, various kinds of fashion trends from anywhere in the world can easily spread to other parts of the world. Indonesia's position as one of the countries with the largest number of social media users in the world has made Indonesia one of the most lucrative markets for business actors in the fashion world. Various kinds of well-known fashion brands can be easily found in everyday life, from economical ones to very expensive ones, also known as luxury brands. But in reality, not all groups of people are able to follow fashion trends that change frequently. The people's inability to buy certain fashion products is exploited by MSME business actors who make a living in the convection industry, by selling fake fashion products or better known as counterfeit. The use of fake fashion products has become a public secret, and the prestige and glamor gained from using these fashion products are no longer felt by those who use genuine or authentic products. This study explores the development of a counterfeit culture that is developing in Indonesia, the social impact and impact on the development of convection SMEs, as well as analyzing the legal elements behind this phenomenon, in accordance with the existing intellectual property law in Indonesia.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Atas Jaminan Produk Halal Pada Makanan Dan Minuman UMKM di Kota Bekasi ]]>
<![CDATA[Ahmad Baihaki]]>;
<![CDATA[Rabiah Al Adawiah]]>;
<![CDATA[Naffa Rizky Hermawati]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1216
<![CDATA[Guarantees for halal products in Indonesia are mandated by Law Number 33 of 2014 concerning Halal Product Guarantee which stipulates that every product that enters, circulates, and is traded in Indonesia must be guaranteed halal. Even according to Law Number 11 of 2020 concerning Job Creation, the obligation to fulfill halal product guarantees also applies to Micro, Small and Medium Enterprises (UMKM). This research uses a normative and empirical legal research method that seeks to examine and analyze the laws and regulations regarding halal product guarantees and the implementation of these laws on UMKM businessman in Bekasi City. Based on the results of the study, the laws and regulations regarding the guarantee of halal products have provided legal certainty for consumers. However, in implementation, the regulation has not been effective, it is proven that there are still many food and beverage products produced by UMKM in Bekasi City that do not have a halal certificate. This is due to many factors, including the relationship between the Halal Product Assurance Agency (BPJPH) with the Halal Inspection Agency (LPH) and the Indonesian Ulema Council (MUI) and related ministry institutions that have not been maximized, thus hampering the implementation of halal product guarantees. In addition, the lack of legal awareness for UMKM businessman about the importance of guaranteeing halal products has caused the rules regarding the obligation to guarantee halal products to have not been implemented optimally.]]>
<![CDATA[Permasalahan Hukum Dalam Perjanjian Sewa Beli Kapal Tanker Dengan Tanpa Awak Kapal (Bare Boat Hire Purchase) ]]>
<![CDATA[Noviriska]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1217
<![CDATA[The lease and purchase agreement is a practice that has been recognized as valid according to jurisprudence. in the UK the lease is regulated by the Hire Purchase Act 1965 and the form of the agreement adopts an open system. The background of the lease-purchase in the issue of tanker ownership or bare boat hire purchase is intended to have a vessel with a payment system for vessel purchases in installments, so that the costs incurred are not too heavy when compared to buying tankers with a cash payment system. The lease purchase agreement is a creation of practice (custom) that has been legally recognized according to jurisprudence. According to the Decree of the Minister of Trade and Industry No. 34/KP/II/80 concerning Licensing of Lease and Purchase Business Activities, buying and selling with installments and rent is regulated in Article 1 paragraph 2. In this tanker ship charter, the provisions for loss insurance have been stipulated for compensate for any losses that may arise. But how does this happen if the ship sinks while the installments that have been paid part of the payment have come in, is there any compensation? but between theory and practice are incompatible because there are considerations about this.]]>
<![CDATA[Tinjauan Kriminologi Terhadap Tindak Pidana Kasus Judi Gelper di Kota Batam ]]>
<![CDATA[Jovan Pratama]]>;
<![CDATA[Abdurrakhman Alhakim]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1218
<![CDATA[Technological developments also have an impact on gambling crimes, one of which is gelper gambling or an electronic game arena located in Batam City. Although many gelper places have been closed by the police, until now there are still some points. The purpose of this study was to examine the regional regulation no. 3 of 2003 regarding the tourism sector of Batam City, Law Number 7 of 1974 regarding guidelines for controlling gambling, and Article 303 of the Criminal Code relating to the criminal act of gambling gelper in Batam City and examines the influencing factors, the impact caused through qualitative analysis description, in order to obtain accurate information in accordance with the gelper gambling phenomenon that occurs in society in Batam City and the laws that apply to players and owners of gelper gambling in Batam City. The method used in this research is the method of normative law (legal research) or doctrinal legal research, namely document studies by researching and reviewing various sources of legal material that have been conceptualized in the form of written regulations such as: court decisions or decisions, legal theories, Perpu, principles and principles of law, and opinions of experts. The results of this study conclude that there are still some unscrupulous managers or entrepreneurs who build gelper tourist attractions near settlements and use them as gambling facilities. This clearly violates the provisions of Regional Regulation No. 3 of 2003 concerning Tourism in Batam City in Article 43 paragraph 1, the editorial of which is not specifically explained regarding the sanctions of the manager and the sanctions of the perpetrators who actively participate in the gambling violation, which makes the Regional Regulation unable to provide legal certainty.]]>
<![CDATA[Akibat Hukum Pelanggaran Hak Cipta Dalam Perspektif Fatwa Majelis Ulama Indonesia Nomor 1 Tahun 2003 Tentang Hak Cipta ]]>
<![CDATA[Wati Rahmi Ria]]>;
<![CDATA[Amara Yovitasari]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v16i2.1219
<![CDATA[One of the fatwa’s issued by the Indonesian Hak Council (MUI) is Fatwa Number 1 concerning Copyright. The community, especially Muslims in Indonesia, certainly needs an explanation of the MUI Fatwa, especially those related to the legal consequences of copyright infringement. Therefoe, the problem in this research is what are the legal cunsequences of copyright infringement in the perspective of MUI Fatwa Number 1 od 2003.This research uses normative legal research type with descriptive research type. The problem approach in this study uses a normative juridical legal problem approach. The data used in this study, such as primary legal materials, secondary legal materials, and tertiary legal materials were analyzed qualitatively. The results of the research and discussion show that Copyright Regulations in Indonesia are regulated in Law Number 28 of 2014 concerning Copyright and MUI Fatwa Number 1 of 2003 concerning Copyright. The legal consequences of Copyright Violations in the perspective of the MUI Fatwa on Copyrights result in three things, that are for the creator or copyright owner whose copyright is violated, for copyright violators and works whose Copyright is violated.]]>
